Does taking back a wife during the months of the waiting period require two witnesses? If taking her back requires two witnesses, what is the ruling on that? And is it a condition that the witnesses be from the same village? What is the formula for taking her back?
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The questioner : Does taking back a wife during the months of the waiting period require two witnesses? If taking her back requires two witnesses, what is the ruling on that? And is it a condition that the witnesses be from the same village? What is the formula for taking her back?
The Shaykh : He said:The questioner : Regarding the months of the waiting period, the waiting period is not in months. The waiting period is in menstrual cycles, and the menstrual cycles are menstruation, as Allah, Blessed and Exalted is He, said:[Al-Baqarah 2:228] But if the woman does not menstruate due to her youth or old age, meaning she has reached an age where she has stopped menstruating, then her waiting period is in months, which is three months. The one who divorced her has the right to take her back as long as she is in the waiting period. If his last divorce was not preceded by two separate divorces, but if two separate divorces preceded it and this became the third, then she is not lawful for him until she marries another husband. If he wants to take her back while she is in the waiting period, it is better that he have two witnesses of integrity, as Allah, Blessed and Exalted is He, said: [At-Talaq 65:2] But this witnessing is not obligatory according to the majority of scholars; it is permissible to take her back without witnessing. As for the method of taking her back, it is any word that indicates taking her back, such as saying to the witnesses, "Bear witness that I have taken back my wife," or "I have returned her," or "I have kept her," or the like. It is also permissible to take her back by action by having intercourse with her with the intention of taking her back, even if he does not speak with his tongue. Thus, the taking back is either by saying, "I have taken back my wife" or "I have kept her" or the like, or by action, which is intercourse with the intention of taking her back.
The questioner : May Allah bless you.
The Shaykh : He said:The questioner : Regarding the months of the waiting period, the waiting period is not in months. The waiting period is in menstrual cycles, and the menstrual cycles are menstruation, as Allah, Blessed and Exalted is He, said:
Divorced women remain in waiting for three periods
وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلاثَةَ قُرُوءٍAnd when they have [nearly] fulfilled their term, either retain them according to acceptable terms or part with them according to acceptable terms. And bring to witness two just men from among you
فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ فَارِقُوهُنَّ بِمَعْرُوفٍ وَأَشْهِدُوا ذَوَي عَدْلٍ مِنْكُمْThe questioner : May Allah bless you.